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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1671   View pdf image (33K)
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[Dec. 2] DEBATES 1671

THE CHAIRMAN: Delegate Marion.

DELEGATE MARION: But if it is in-
_ troduced on the fifth day of the special ses-
sion it cannot be enacted until the tenth
day unless there is a suspension of the
rules.

DELEGATE GALLAGHER: Yes, that
is correct.

THE CHAIRMAN: Are there any fur-
ther questions of the sponsor of the
amendment?

(There was no response.)
Are you ready for the question?
(Call for the question.)

The question arises on the adoption of
Amendment No. 27 to Committee Recom-
mendation LB-1. The Clerk will ring the
quorum bell.

A vote Aye is a vote in favor of Amend-
ment No. 27. A vote No is a vote against.
Cast your votes.

Has every delegate voted? Does any dele-
gate desire to change his vote?

(There was no response.)

The Clerk will record the vote. There
being 127 votes in the affirmative and none
in the negative, the motion carries. The
amendment is adopted.

Delegate Gallagher, what is the symbol
on your other amendment?

DELEGATE GALLAGHER: AL, "ALL".
I might say it is significant.

THE CHAIRMAN: Pages will distribute
amendment AL.

While we are awaiting the distribution,
Delegate Gallagher, your Amendment B
has been covered by the amendment acted
on very recently.

DELEGATE GALLAGHER: Yes, I will
withdraw it. It is Mr. Moser's amendment.

THE CHAIRMAN : Delegate James, you
do not desire to offer your amendments AE
and AG?

DELEGATE JAMES: That is correct.
1 would like to quote Winston Churchill :
"in defeat, courage; in victory, magna-
nimity."

He has been very magnanimous. I would
like to endorse his proposal.

THE CHAIRMAN: All right, the Clerk
will read the amendment.

READING CLERK: Amendment No. 28
to Committee Recommendation LB-2 by
Delegate Gallagher:

On page 5 strike out all of section 3.17,
Journal and Passage of Bills, and insert in
lieu thereof the following Sections:

"Section 3.17 Passage of Bills.

No bill shall be enacted nor shall a reso-
lution requiring the action of both houses
be adopted unless it is passed in each house
by a majority of all the members of that
house. A vote in joint session or by either
house on any bill or resolution or for the
election or confirmation of any state officer
shall be taken only in public session.

Section 3.17a Journals.

The General Assembly shall provide by
rule that each house shall keep a current
daily journal of its proceedings, which shall
be open to public inspection at all reason-
able times, and a transcript of its debates.
The General Assembly shall provide by
rule that the daily journal of each house
shall be published as soon as practicable
and the transcript shall be available to the
public. The General Assembly shall pro-
vide by rule that all final committee votes
on all bills in both houses shall be entered
by individual recorded vote in the daily
journal of the appropriate house. The Gen-
eral Assembly shall provide by rule that, on
final passage of a bill, including a bill pro-
posing a constitutional amendment, or a
resolution, the vote cast by each member
shall be recorded in the journal of the
house of which he is a member."

THE CHAIRMAN: The amendment is
submitted by Delegate Gallagher; is it
seconded?

(The motion is duly seconded.)

THE CHAIRMAN: The amendment hav-
ing been seconded the Chair recognizes
Delegate Gallagher.

DELEGATE GALLAGHER: Amend-
ment No. 28 does include the various
amendments we presented in section 3.17 in
two sections. The first section on passage
of bills pertained to those matters which we
consider to be mandatory and require li-
teral compliance. In section 3.17a we have
adopted the suggestion of Delegate Hard-
wicke that the General Assembly shall pro-
vide by rule these things in each and every
case, thereby providing the differentiation
which we sought to achieve in splitting the
section into two parts. I think those who
were formerly opposed to the inclusion of
what is now 3,17a find this particular pre-



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1671   View pdf image (33K)
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